Law Commons^™

Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about who meets the statutory and regulatory definition of an "Eligible Employee."

Part two of this memorandum contains the relevant statutory and rgulatory text. Part two also lists other sources cited in the comments about this topic.

Controlling Pandora's Box: The Need For Patent Protection In Transgenic Research, John J. Quick

University of Miami Business Law Review

No abstract provided.

The Blurred Line Between Nursing Homes & Assisted Living Facilities: How Limited Medicaid Funding Of Assisted Living Facilities Can Save Tax Dollars While Improving The Quality Of Life Of The Elderly, Jennifer Rae Fleming

University of Miami Business Law Review

No abstract provided.

Must Utah Imprison Its Parents And Children?: Alternatives To Utah's Compulsorty Attendance Laws, Gilbert Bradshaw

Brigham Young University Journal of Public Law

No abstract provided.

Rocking The Suburbs: Incentive Zoning As A Tool To Eliminate Sprawl, J. Spencer Clark

Brigham Young University Journal of Public Law

No abstract provided.

Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva

Cornell Journal of Law and Public Policy

No abstract provided.

Good Alliances Make Good Neighbors: The Case For Tribal-State-Federal Watershed Partnerships, Keith S. Porter

Cornell Journal of Law and Public Policy

No abstract provided.

Eight Possible Questions To Address To The Dalai Lama, Buffalo Law Review

Buffalo Law Review

No abstract provided.

The Value Of Water And The Meaning Of Water Law For The Native Americans Known As The Haudenosaunee, Joyce Tekahnawiiaks King

Cornell Journal of Law and Public Policy

No abstract provided.

American Indians And The New Termination Era, Roebrt Odawi Porter

Cornell Journal of Law and Public Policy

No abstract provided.

Rivers Of The Homeland: River Restoration On Indian Reservations, Daniel Mccool

Cornell Journal of Law and Public Policy

No abstract provided.

New York Medicaid: Never Can Say Goodbye, Joseph Fastiggi

Cornell Journal of Law and Public Policy

No abstract provided.

Stochastic Modeling Of Retail Mortgage Loans Based On Past Due, Prepaid, And Default States, Chang Liu

Doctoral Dissertations

Stochastic models were developed that provide important measures related to retail mortgages and credit cards for the management of a bank. Based on Markov theory, two models were developed that predict mortgage portfolio size and expected duration of stay in each of the states, which are defined according to the criteria of Basel Accord II and the Federal Reserve Bank. Also, to facilitate comparisons among different types of credit products and different time periods, a model was developed to generate a health index for a retail mortgage. This model could be easily extended, using multivariate regression or multivariate time series …

Stephen M. Best's The Fugitive's Properties: Law And The Poetics Of Possession, Guyora Binder

Book Reviews

No abstract provided.

Odious, Not Debt, Anna Gelpern

Working Papers

The US invasion of Iraq in 2003 revived public and academic debate about a wobbly old doctrine of international law: the Doctrine of Odious Debt. This doctrine allows governments to disavow debts incurred by their predecessors without the consent of or benefit for the people, provided creditors knew of the taint. It has roots in nineteenth century jostles over colonial possessions. However, for the past eighty years, Odious Debt's rhetorical appeal has vastly outstripped its "legal vitality." Here, Gelpern argues that the Doctrine of Odious Debt frames the problem of odious debt in a way that excludes a large number, …

Life, Health, And Disability Insurance: Understanding The Relationships, Robert H. Jerry Ii

Faculty Publications

This project focuses on the extent to which dis-ability insurers should be allowed to use genetic information in underwriting and rate-setting, but this subject cannot be completely isolated from the related questions of whether life and health insurers should also have this discretion. Federal and state laws place significant restrictions on insurers' use of genetic information in health insurance, but regulation of such use in life and disability insurance is considerably more modest. This essay examines the reasons for this disparity and discusses the implications for future proposals to regulate disability insurers' use of genetic information in underwriting and rate-set-ting. …

Several Initiatives On Media And Conflict Under Way, Richard C. Reuben

Faculty Publications

Both in Arizona and in other jurisdictions, both in longstanding and newly implemented programs, both currently and more than a decade ago, court-connected arbitration does not appear to reduce, but also does not substantially improve, the effectiveness and efficiency of dispute resolution. It does, however, seem to increase litigants' access to a hearing. How aspects of program structure could enhance arbitration's performance warrants further study.

Those Pesky Footnotes - Part I, Douglas E. Abrams

Faculty Publications

No abstract provided.

Mediation, Improvisations, And All That Jazz, John W. Cooley

Journal of Dispute Resolution

In the present article, we will be exploring the subject of improvisation generally from the perspective of mediation and jazz as performance arts; the roles of the jazz musician, the mediator, and the mediation advocate as creative problem solvers; the elements of jazz in mediation; and the collective conversation in jazz as compared with the collective conversation in mediation.

Low-Value &(And) Predictably Small: When Should Class-Arbitration Waivers Be Invalidated As Unconscionable, Christopher B. Mckinney

Journal of Dispute Resolution

In Muhammad v. County Bank of Rehoboth Beach, the New Jersey Supreme Court chose the interests of consumers over liberally construed Federal Arbitration Act (FAA) policies in deciding that a no class-arbitration provision contained within a payday loan contract was unconscionable. The court used state law contract principles to invalidate the clause, finding that the clause violated several state public policies. Particularly important to the court was the fact that individual claims for damages would be nominal, and thus individual vindication of statutory rights would prove too costly to be practical. In making this distinction, the court suggested a preference …

Arbitration By Accident: The Consequence Of Unintentionally Meeting The Clear And Unmistakable Evidence Standard, Mark A. Mulchek

Journal of Dispute Resolution

A fundamental principle of arbitration law is that parties may only be compelled to submit an issue to arbitration if they agreed to do so. The question of when an arbitrator, instead of a district court, can decide the arbitrability of an issue has been taken up by the courts in recent years. In First Options of Chicago, Inc. v. Kaplan, the Supreme Court stated that an arbitrator may decide questions of arbitrability only when the parties have "clearly and unmistakably" agreed to defer such questions to an arbitrator. Since First Options, the lower courts have attempted to define when …

2007 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 28

An Interview with Monroe Price, page 36

Cardozo Turns Thirty Sporting a Top-to-Bottom Renovation, page 40

Judge Greenway Asks 2006 Graduates to Make Promises, page 44

Cardozo Student Volunteers Blog from New Orleans & Biloxi, page 46

Building a Real Estate Career, page 50

Alumni News, page 60

An Empirical Study Of Evolution, Creationism, And Intelligent Design Instruction In Public Schools, Kristi L. Bowman

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Supreme Court Review - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Overcoming The Hurdles: Title Ix And Equal Educational Attainment For Pregnant And Parenting Students, Brittany Ducker

The Journal of Law and Education

No abstract provided.

2005-2006 Survey Of Florida Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

The Promise Of Tribe's City: Self-Government, The Constitution, And A New Urban Age, David J. Barron

Tulsa Law Review

No abstract provided.

The Government Can't, May, Or Must Fund Religious Schools: Three Riddles Of Constitutional Change For Laurence Tribe, Martha Minow

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.